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Original poster

Will being contested

30 replies

nunsflipflop · 27/10/2022 03:02

I have name changed as the details can be outing for the person concerned.
My friends father recently passed away. He left a Will leaving everything to said friend Barr a small amount for grandchildren. He had another child that he had been NC for about 6 years, he disinherited her. They came to uneasy truce but he never forgave what had happened and actually told the child he had written them out of the will.
He has died, the will has been produced, probate granted and some assets have been liquidated and shared as per the will.
The other child has now contested the will, stating that the late parent had said she was to be given half of everything. No evidence at all to prove that.
I believe that in the solicitors letter my friend received, they mentioned a previous Will that her father had made with her mother. This will was executed by the father when the mother died a long time ago.

This situation has made my friend very I’ll, she has struggled to find a solicitor to help her.
Can the will be challenged on hearsay?

OP posts:
RFPO77 · 27/10/2022 03:06

There's nothing to stop her challenging it but she's very unlikely to win with no evidence and a clear will 🤷

Original poster
nunsflipflop · 27/10/2022 03:07

From what I understand the will is crystal clear. It was written by a professional and witnessed properly. Thankyou for your reply

OP posts:
Wiluli · 27/10/2022 04:35

Her only possible way to challenge this is if the dad was not of sound mind , that is normally from
dementia , Alzheimer’s or similar but can also be questioned under some prolonged illnesses .

Blueskythinking123 · 27/10/2022 04:51

I do feel sorry for the DC who was disinherited. They may have gone NC with dad but did they have a positive relationship the mum before they died?

Bubbleteaaaaa · 27/10/2022 04:57

The Will can't be challenged on hearsay but it can be challenged under validity or laws such as the Inheritance Act. Challenging a Will can be really expensive so it's far better to settle sooner.

I agree that if the other child had a good relationship with the mother and received nothing on her death there's at least a moral claim.

pilates · 27/10/2022 05:03

It’s costly and lengthy. From the sounds of it the left out child has not got a strong case either.

ChaosDemon · 27/10/2022 05:07

As its 5am I may have misread, but I'm unclear if the sister received anything when the mother died?

I'm NC with my father and don't expect to receive anything when he goes, I don't think NC children should. My sister is NC with my DM and I know she will still expect an equal share of DMs estate so I look forward to dealing with a similar mess in the hopefully very distant future Sad

IANAL but afaik the burden of proof is on the sister and it's very, very difficult to contest a will successfully, so the law is on the side of your friend and as much as possible, she should try not to stress about it too much.

Original poster
nunsflipflop · 27/10/2022 08:04

Neither of them received anything when the mother died. Her will stated everything to go to the father on her death and his mirrored that. He then wrote the new Will about 6 years after her death.

The disinherited one is using a no win, no fee type arrangement, my friend doesn’t have that option I don’t think.

OP posts:
TootMootZoot · 27/10/2022 08:12

Is there a reason that your friend doesn't want to share everything with the sister too? Even if I hated the sister I can't imagine not wanting to share. Maybe just a quarter of the estate - the bit that the dead mother wanted to be left to the estranged sister.

Has the sister kids? If so that would make me want to share even more.

NotAlarmed · 27/10/2022 08:13

Does the NC daughter believe there was another later will that includes her, if father told her she was now included?

This would be the only sensible grounds to challenge IMO. They can't challenge on the basis that "dad said".

I wonder what it is that's made the company take the case though? Surely no win no fee practices don't take on cases where there's no prospect at all of a win?

DeireadhFomhair · 27/10/2022 08:27

what it is that's made the company take the case though? Surely no win no fee practices don't take on cases where there's no prospect at all of a win

I am kinda asking the same question about why the OP's friend is finding it hard to get any lawyer to take on her case. Perhaps it's not as cut and dry as it seems here.

TheHouseonHauntedHill · 27/10/2022 08:39

A will made by someone without a solicitor could be easier to challenge, but...one made by a solicitor will have notes to back it up.

Butitsnotfunnyisititsserious · 27/10/2022 08:40

DeireadhFomhair · 27/10/2022 08:27

what it is that's made the company take the case though? Surely no win no fee practices don't take on cases where there's no prospect at all of a win

I am kinda asking the same question about why the OP's friend is finding it hard to get any lawyer to take on her case. Perhaps it's not as cut and dry as it seems here.

Yeah, I'm surprised that she can't find a solicitor to help. If it's that clear, it would be easy money for them.

Parky04 · 27/10/2022 08:43

Does your friend live in Scotland? You cannot disinherit a DC in Scotland.

Original poster
nunsflipflop · 27/10/2022 08:43

The claim from the sister is based on testamentary evidence (word of mouth). All grandchildren have inherited equally and received what he left them.
My friend now has a solicitor.
My friend is being asked to make a deed of variation, I believe that means that all beneficiaries agree to rewrite the will.
My friend has given her sister some cash, they are not close and my friend wants to honour the will for all of the reasons the father stated for the years before he died. She never intended to keep everything until this started

OP posts:
NotAlarmed · 27/10/2022 08:44

MIL challenged the will left by her father which wrote her out. She won, but it was because it turned out the will hadn't been properly witnessed, which she believes he did deliberately because he wanted her to have the money all along....

The "will" left it to the much younger woman who was the reason they'd been NC. It had been drawn up by a professional will writing company but then left to him to execute.

Original poster
nunsflipflop · 27/10/2022 08:45

NotAlarmed · 27/10/2022 08:13

Does the NC daughter believe there was another later will that includes her, if father told her she was now included?

This would be the only sensible grounds to challenge IMO. They can't challenge on the basis that "dad said".

I wonder what it is that's made the company take the case though? Surely no win no fee practices don't take on cases where there's no prospect at all of a win?

No she is trying to claim on the previous Will that the mother made. That was executed by the father and my friend has the Grant of Probate from that will.

OP posts:
NotAlarmed · 27/10/2022 08:45

nunsflipflop · 27/10/2022 08:43

The claim from the sister is based on testamentary evidence (word of mouth). All grandchildren have inherited equally and received what he left them.
My friend now has a solicitor.
My friend is being asked to make a deed of variation, I believe that means that all beneficiaries agree to rewrite the will.
My friend has given her sister some cash, they are not close and my friend wants to honour the will for all of the reasons the father stated for the years before he died. She never intended to keep everything until this started

So it's really that she's been asked to "share" and the solicitors are negotiating, rather than a legal challenge?

Original poster
nunsflipflop · 27/10/2022 08:50

They are not in Scotland.
My friend allowed the solicitors that wrote the will to administrate the estate on her behalf, they applied for probate etc so everything has been done correctly.
I believe that the sister has sent the solicitors letter to try and “frighten” my friend into giving her the money she believes is rightfully hers.

OP posts:
Original poster
nunsflipflop · 27/10/2022 08:52

NotAlarmed · 27/10/2022 08:45

So it's really that she's been asked to "share" and the solicitors are negotiating, rather than a legal challenge?

Show quote history

The letter clearly states that although the sister wants to settle out of court, she is prepared to take it that far

OP posts:
wwyd2021medicine · 27/10/2022 08:52

Yes it sounds as if they are trying to frighten your friend into sharing. I personally wouldn't. He had capacity, it was a legal will. His wishes should be followed.

OliveKitten · 27/10/2022 08:53

Wiluli · 27/10/2022 04:35

Her only possible way to challenge this is if the dad was not of sound mind , that is normally from
dementia , Alzheimer’s or similar but can also be questioned under some prolonged illnesses .

Not true, and I wish people who don't know what they're talking about wouldn't be quite so confident in their pronouncements.

The Will can be challenged on the basis that it isnt valid (not properly signed, or the testator didn't know what they were doing). But the NC child can also bring a claim for financial provision under the 1975 inheritance act, on the basis that as a child of the deceased they're entitled to a bit of the estate. That doesn't mean they'll succeed, but they have the grounds to try.

I'm surprised your friend can't find a solicitor to help. This is a very popular area of law and many solicitors do it.

Original poster
nunsflipflop · 27/10/2022 08:57

She has a solicitor now. Meeting with them today. I just hoped to be able to reassure her before then

OP posts:
XanaduKira · 27/10/2022 09:00

It's a stressful process unfortunately. Things like this often feel unfair to everyone involved (because they usually are!). If the NC sister didn't inherit from her own DM, then it sounds like she has some sort of moral right to part of her dad's estate as that was actually her mum's estate too, even if the dad had valid reasons for disinheriting her. Again, valid for one party can feel very unfair on the other when iou hear their side of the story. 3 sides to every story - his, hers and the truth (somewhere in the middle).

NotAlarmed · 27/10/2022 09:00

nunsflipflop · 27/10/2022 08:52

The letter clearly states that although the sister wants to settle out of court, she is prepared to take it that far

Show quote history

It sounds like she has no case but the no win no fee firm want to scare friend into thinking she'll have to go to court if she doesn't agree.

The only people who are going to win anything here are the solicitors. If friend planned to share anyway, she should just do that and save them both a lot of money.

If not, she should just say no.